VIC Differentiate between and/or in Legislation

Discussion in 'Other/General Law Forum' started by SeaBuzz, 17 April 2018.

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  1. SeaBuzz

    SeaBuzz Member

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    HI,

    I'm trying to make sense of the Victorian Domestic Animal act 1994.

    Specifically in relation to Section 10B.

    As I understand in relation to Section 10B the council can choose what and how they wish to apply it in their areas. but say for example there is
    10B (1) (a) "Insert sentence";
    and
    10B (1) (b) "Insert sentence";

    Given each line ends with just a ; with no "and" or "or", does that mean they can apply one or the other, or even require both conditions to be met if they wish?

    Heres the link to 10B if it helps DOMESTIC ANIMALS ACT 1994 - SECT 10B Dogs and cats that are exempt from desexing

    Cheers
     
  2. Sally-Anne Fagin

    Sally-Anne Fagin Well-Known Member

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    First I'm not a lawyer, and have no legal training.

    But it would help if you copied the section of the Act you are referring to; it's a bit hard to understand what you are on about otherwise.

    But say if the first subsection of the Act describes an action, say (a) "If you are walking your dog off a leash",
    and the second subsection says something like, (b) "and it's outside of designated off leash times for dogs",
    (c) then this is an offence against the Act.

    then both subsections would have to be satisfied for there to be an offence against the Act.

    But can't say in your situation till you copy the sections of the Act here, as context is important in interpreting statutes. Oh, I see you have copied the link to the legislation, but I couldn't be bothered looking it up; you need to make it easy for people or they might not bother replying.
     
  3. Sally-Anne Fagin

    Sally-Anne Fagin Well-Known Member

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    Here you go, I have looked at the link you posted out of curiosity.
    Disregard the previous post by myself, this is the one to read.

    First I'm not a lawyer and I don't have any legal training.

    But looking at the sections of the Act you referred to, it looks pretty simple on the face of it.

    Either one or both could apply.

    If you conduct a domestic animal business and the dog is used for breeding in connection with that business, then the dog does not have to be desexed to be registered with council.

    Or if you are a member of an applicable organisation (look up the definition of applicable organisation) and the animal is registered with that organisation, then the dog does not have to be desexed to be registered with council.

    You don't have to satisfy both be allowed to register your dog with council without it being desexed, if your circumstances come within one or the other, or even both at the same time, then you don't have to desex your dog to register it with Council.

    So basically read subsection (a) and (b) as if they had "or" at the end of the sentence.
     
  4. Rod

    Rod Lawyer
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    Those clauses are part of list. If your animal fits the description of any one of the entries in the list then it doesn't have to be desexed to be registered or have its registration renewed.

    In effect the list entries in this instance, when read with the opening sentence for 10B(1) function as if there is 'or' at the end of each list entry.
     
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